Opinion

Willis v. State

  • 74 Tex. Crim. 16
  • 166 S.W. 1172
  • 1914 Tex. Crim. App. LEXIS 591
Court
Court of Criminal Appeals of Texas
Filed
Apr 15, 1914
Status
Published
Author
Davidson
On the bench
Davidson, Harper
Cited by
2 cases
Authority
More cited than 1.9%

The opinion

DAVIDSON, Judge

(dissenting).—1. In view of all the facts found in this record, I do not believe conviction for an offense higher than manslaughter is justified. That deceased brought about the separation of appellant and his wife is not debatable. There was no other cause for the trouble attempted to be shown. That deceased perhaps went further than alienation and separation of the parties is justified by the facts. The letter received a few moments before the killing placed his mind beyond cool reflection, and

this is the cause

for the killing, viewed

*24

in the light of other conduct by deceased. Stewart v. State, 52 Texas Crim. Rep., 273 .

2. The defendant was entitled to a charge.. 1st. Submitting insulting conduct affirmatively and separately from circumstances generally. 2nd. Another distinct charge on combination of causes, previous conduct, etc. I do not think the charge was sufficient, nor the verdict justified for murder.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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